Notices and Addresses for Service
Content of notice
197.—(1) Every notice given by the registrar must—
(a)fix the time within which the recipient is to take any action required by the notice,
(b)state what the consequence will be of a failure to take such action as is required by the notice within the time fixed,
(c)state the manner in which any reply to the notice must be given and the address to which it must be sent.
(2) Except where otherwise provided by these rules, the time fixed by the notice will be the period ending at 12 noon on the fifteenth business day after the date of issue of the notice.
Address for service of notice
198.—(1) A person who is (or will as a result of an application be) a person within paragraph (2) must give the registrar an address for service to which all notices and other communications to him by the registrar may be sent, as provided by paragraph (3).
(2) The persons referred to in paragraph (1) are—
(a)the registered proprietor of a registered estate or registered charge,
(b)the registered beneficiary of a unilateral notice,
(c)a cautioner named in an individual caution register,
(d)a person whose name and address is required to be included in a standard restriction set out in Schedule 4 or whose consent or certificate is required, or upon whom notice is required to be served by the registrar or another person, under any other restriction,
(e)a person entitled to be notified of an application for adverse possession under rule 194,
(f)a person who objects to an application under section 73 of the Act,
(g)a person who gives notice to the registrar under paragraph 3(2) of Schedule 6 to the Act, and
(h)any person who while dealing with the registrar in connection with registered land or a caution against first registration is requested by the registrar to give an address for service.
(3) A person within paragraph (1) must give the registrar an address for service which is a postal address, whether or not in the United Kingdom.
(4) A person within paragraph (1) may give the registrar one or two additional addresses for service, provided that he may not have more than three addresses for service, and the address or addresses must be—
(a)a postal address, whether or not in the United Kingdom, or
(b)subject to paragraph (7), a box number at a United Kingdom document exchange, or
(c)an electronic address.
(5) Subject to paragraphs (3) and (4) a person within paragraph (1) may give the registrar a replacement address for service.
(6) A cautioner who is entered in the register of title in respect of a caution against dealings under section 54 of the Land Registration Act 1925 may give the registrar a replacement or additional address for service provided that—
(a)he may not have more than three addresses for service,
(b)one of his addresses for service must be a postal address, whether or not in the United Kingdom, and
(c)all of his addresses for service must be such addresses as are mentioned in paragraph (4).
(7) The box number referred to at paragraph (4)(b) must be at a United Kingdom document exchange to which delivery can be made on behalf of the land registry under arrangements already in existence between the land registry and a service provider at the time the box number details are provided to the registrar under this rule.
(8) In this rule an electronic address means—
(a)an e-mail address, or
(b)any other form of electronic address specified in a direction under paragraph (9).
(9) If the registrar is satisfied that a form of electronic address, other than an e-mail address, is a suitable form of address for service he may issue a direction to that effect.
(10) A direction under paragraph (9) may contain such conditions or limitations or both as the registrar considers appropriate.
(11) A person within paragraph (2)(d) shall be treated as having complied with any duty imposed on him under paragraph (1) where rule 92(2)(b) has been complied with.
Service of notice
199.—(1) All notices which the registrar is required to give may be served—
(a)by post, to any postal address in the United Kingdom entered in the register as an address for service,
(b)by post, to any postal address outside the United Kingdom entered in the register as an address for service,
(c)by leaving the notice at any postal address in the United Kingdom entered in the register as an address for service,
(d)by directing the notice to the relevant box number at any document exchange entered in the register as an address for service,
(e)by electronic transmission to the electronic address entered in the register as an address for service,
(f)subject to paragraph (3), by fax, or
(g)by any of the methods of service given in sub-paragraphs (a), (b), (c) and (d) to any other address where the registrar believes the addressee is likely to receive it.
(2) In paragraph (1) references to an address or box number “entered in the register as an address for service” include an address for service given under rule 198(2)(h), whether or not it is entered in the register.
(3) The notice may be served by fax if the recipient has informed the registrar in writing—
(a)that the recipient is willing to accept service of the notice by fax, and
(b)of the fax number to which it should be sent.
(4) Service of a notice which is served in accordance with this rule shall be regarded as having taken place at the time shown in the table below—
| Method of service | Time of service |
|---|---|
| Post to an address in the United Kingdom | The second working day after posting |
| Leaving at a postal address | The working day after it was left |
| Post to an address outside the United Kingdom | The seventh working day after posting |
| Document exchange | On the second working day after it was left at the registrar’s document exchange |
| Fax | The working day after transmission |
| Electronic transmission to an electronic address | The second working day after transmission |
(5) In this rule “post” means pre-paid delivery by a postal service which seeks to deliver documents within the United Kingdom no later than the next working day in all or the majority of cases, and to deliver outside the United Kingdom within such a period as is reasonable in all the circumstances.
(6) In paragraphs (4) and (5), “working day” means any day from Monday to Friday (inclusive) which is not Christmas Day, Good Friday or any other day either specified or declared by proclamation under section 1 of the Banking and Financial Dealings Act 1971(1) or appointed by the Lord Chancellor.